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(영문) 수원지방법원 평택지원 2020.04.17 2019고단1860

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2008, the Defendant was sentenced to a fine of KRW 700,000 for the crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch's branch on February 21, 2008, a fine of KRW 2.5 million for the same crime in the above court on August 26, 2009, and a fine of KRW 5 million for the same crime in the Changwon District Court's branch support on July 5, 2019.

Nevertheless, at around 22:27 on November 12, 2019, the Defendant driven a car in the state of alcohol alcohol concentration of about 0.051% without a car driver's license from approximately 200 meters to the front road of the same city apartment from the front of the Gyeonggi-si B, Gyeonggi-do, to the front road of the same city apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the status of a drinking driver) and notification of the result of the drinking control;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of probation and order to attend a lecture, including the drinking water of this case, shall be determined as the sentence by taking into account various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of this case, including the circumstances where the defendant driven under influence of alcohol, the criminal records of the defendant, and